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CASE OF MACCARI v. ITALY

Doc ref: 24338/94 • ECHR ID: 001-22

Document date: December 12, 1995

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CASE OF MACCARI v. ITALY

Doc ref: 24338/94 • ECHR ID: 001-22

Document date: December 12, 1995

Cited paragraphs only

In the case of Maccari v. Italy (1),

The Screening Panel of the European Court of Human Rights,

constituted in accordance with Article 48 para. 2 (art. 48-2) of the

Convention for the Protection of Human Rights and Fundamental Freedoms

("the Convention") and Rule 26 of Rules of Court B (2),

_______________

Notes by the Registrar

1. The case is numbered 81/1995/587/673. The first number is the

case's position on the list of cases referred to the Court in the

relevant year (second number). The last two numbers indicate the

case's position on the list of cases referred to the Court since its

creation and on the list of the corresponding originating applications

to the Commission.

2. Rules of Court B, which came into force on 2 October 1994, apply

to all cases concerning the States bound by Protocol No. 9 (P9).

_______________

Sitting in private at Strasbourg on 22 November 1995, and

composed of the following judges:

Mr Thór Vilhjálmsson, Chairman,

Mr F. Gölcüklü,

Mr C. Russo,

and also of Mr H. Petzold, Registrar,

Having regard to the application against the Italian Republic

lodged with the Court on 20 September 1995 by an Italian national,

Mrs Ada Maccari, within the three-month period laid down by Article 32

para. 1 and Article 47 (art. 32-1, art. 47) of the Convention;

Whereas Italy has recognised the compulsory jurisdiction of

the Court (Article 46 of the Convention) (art. 46) and ratified

Protocol No. 9 (P9) to the Convention, Article 5 (P9-5) of which amends

Article 48 (art. 48) of the Convention so as to enable a person,

non-governmental organisation or group of individuals having lodged a

complaint with the European Commission of Human Rights ("the

Commission") to refer the case to the Court;

Noting that the present case has not been referred to the

Court by either the Government of the respondent State or the

Commission under Article 48 para. 1 (a) or (d) (art. 48-1-a,

art. 48-1-d) of the Convention;

Having regard to the Commission's report of 24 May 1995 on the

application (no. 24338/94) lodged with the Commission by Mrs Maccari

on 11 May 1993;

Whereas the applicant complained of the length of proceedings

in the Italian civil courts, to which she is a party, and alleged

breaches of Article 6 para. 1 (art. 6-1) of the Convention (right to

a hearing by a tribunal within a reasonable time), Article 1 of

Protocol No. 1 (P1-1) (right to peaceful enjoyment of possessions) and

Article 10 (art. 10) of the Convention (freedom of expression);

Whereas on 28 February 1995 the Commission declared admissible

only the complaint relating to the length of the proceedings in issue;

Whereas the applicant, in specifying the object of her

application, as required by Rule 34 para. 1 (a) of Rules of Court B,

stated that she sought a decision by the Court holding that there had

been breaches of Article 6 para. 1 (art. 6-1) of the Convention and

Article 4 of the Italian Constitution, which guarantees in substance

the right to work, and ordering the respondent State to pay her

compensation for the pecuniary and non-pecuniary damage she had

allegedly sustained on account of the length of the proceedings;

Having regard to Article 48 (art. 48) of the Convention and

Rule 34 paras. 1 (a), 3 and 4 of Rules of Court B,

1. Finds that

(a) the complaint concerning the alleged infringement of the

applicant's right to work was not submitted to the

Commission;

(b) the case raises no serious question affecting the

interpretation or application of the Convention, as the

Court has already established case-law on the

"reasonable time" requirement in Article 6 para. 1

(art. 6-1) of the Convention; and

consideration by the Court as, in the event of a finding

that there has been a breach of the Convention, the

Committee of Ministers of the Council of Europe can

award the applicant just satisfaction, having regard to

any proposals made by the Commission;

2. Decides, therefore, unanimously, that the case will not be

considered by the Court.

Done in English and in French, and notified in writing on

12 December 1995 pursuant to Rule 34 para. 4 of Rules of Court B.

Signed: THÓR VILHJÁLMSSON

Chairman

Signed: Herbert PETZOLD

Registrar

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